Why Divorce.com?
Benefits of an online divorce
Divorce.com provides an affordable and timely solution for obtaining divorce papers that can subsequently be used to file for an uncontested divorce. This web-based service allows you to prepare all the paperwork in a matter of days and avoid hiring an expensive divorce lawyer.
Working with Divorce.com doesn’t require a deep knowledge of the legal process. Our clients only need to provide some basic details concerning their marriage and divorce to start.
Answer the online questionnaire at your own pace. You can pause and return to it whenever you need to.
Make unlimited corrections to your answers.
Download divorce documents in only two business days after answering all questions. The papers will come in a PDF format.
Follow the filing guide with instructions on starting your divorce.
The Divorce.com service is an excellent way to save money and get the court-required paperwork that you need without leaving home.
South Carolina
Divorce Forms
All the forms required
Collecting the correct packet of papers can be an overwhelming task, since each person has different circumstances. For example, some couples have minor children and must file child-related forms with the rest of the documents.
The basic forms in South Carolina are the following:
Complaint for Divorce (SCCA400.02SRL-DIV)
Family Court Coversheet (SCCA467)
Certificate of Exemption (SCRFCMFORM02)
Summons for Divorce (SCCA400.01SRL-DIV)
Defendant's Answer (SCCA400.05SRL-DIV)
Financial Declaration (SCCA430)
Proposed Parenting Plan (SCCA 466)
Motion with Affidavit to Proceed In Forma Pauperis (SCCA405F)
Affidavit of Service by Mailing (SCCA400.04SRL-DIV)
Affidavit of Service by Mailing (Answer) (SCCA400.06SRL-DIV)
Affidavit of Default for Divorce (SCCA400.07SRL-DIV)
Request for Hearing (SCCA400.08SRL-DIV)
Acceptance of Service (SCCA400.03SRL-DIV)
Judgment in a Family Court Case - Form 4F (SCRCP)
Final Order of Divorce (SCCA400.10SRL-DIV)
Some papers don't necessarily apply to each divorcing couple's case. For instance, the respondent can sign the Acceptance form instead of receiving copies of documents by mail. Therefore, the Affidavit of Service by Mail and the Answer won't be required.
Steps to consider
Filing Requirements
Residency Requirements
Any family court in South Carolina has to establish jurisdiction over a divorce case to have the right to dissolve a marriage. It can be achieved if one or both spouses are state residents.
If both spouses reside in South Carolina, you may file in the county where you and your spouse last shared a residence or the county where your spouse lives at the time of filing.
If your spouse is not a resident of South Carolina, you may file in the county where you live.
Grounds for Divorce
South Carolina state laws provide several grounds for divorce, including no-fault and fault-based ones:
Adultery
Desertion for one year
Cruel treatment
Habitual substance abuse (alcohol or drugs)
Separate living for one year without cohabitation (a no-fault ground)
If the petitioner alleges fault-based grounds, he or she must prove them in court. Emails, texts, checks, and other documents can serve as proof. In addition, some fault grounds, such as adultery, will result in no alimony for the guilty party.
Initial Filing
When all the paperwork is ready, the petitioner must take it to the Court of Common Pleas in the appropriate county and file it with the Clerk of Court.
The initial papers include a Complaint for Divorce, a Family Court Cover Sheet, a Financial Declaration, a Certificate of Exemption, and a Summons.
The petitioner can bring the original papers with two copies in person or use the e-filing system, if available in their county.
Filing Fees
A person filing for divorce must pay $150 in cash or bring a money order or a cashier's check. If they cannot afford this filing fee, South Carolina courts allow them to ask for a fee waiver.
A petitioner who wants to request it should file the following papers:
Motion with Affidavit to Proceed In Forma Pauperis (with an order at the bottom of the page)
A copy of the Financial Declaration with the data about all income, debts, and expenses
Both forms should be signed and notarized.
Serving the Respondent
After filing the papers with the court, the petitioner must deliver (or serve) the copies of the initial documentation to their spouse. There are four ways to do this.
Use U.S. mail (the petitioner must use certified mail with a return receipt requested).
Personally serve the other party, if they are willing to sign the Acceptance of Service form as the acknowledgment of service.
Use the Sheriff's help.
Hire a private process server.
Waiting Period
The time a couple must wait to get divorced depends on the grounds. For example, if they are fault-based, the spouses must wait 90 days from the filing until the court hearing to get a divorce decree.
If the divorce is a no-fault divorce, the petitioner can ask for a hearing as soon as they have served the respondent and filed the proof of service. The petitioner can ask for the default judgment if the other party doesn't respond in 30 days.
Finalizing a Divorce Case
A petitioner will receive a Notice of Hearing with the date when the spouses must attend the hearing. A copy should be sent to the respondent using certified mail 10 days before the hearing.
Before going to court, a petitioner must complete the Final Order of Divorce and give it to the judge after they have made the final judgment. Then, the petitioner must file it with the clerk and obtain a certified copy.
Filing basics
Filing for Divorce
South Carolina
How to get started
Collecting the correct packet of papers can be an overwhelming task, since each person has different circumstances. For example, some couples have minor children and must file child-related forms with the rest of the documents.
The basic forms in South Carolina are the following:
Complaint for Divorce (SCCA400.02SRL-DIV)
Family Court Coversheet (SCCA467)
Certificate of Exemption (SCRFCMFORM02)
Summons for Divorce (SCCA400.01SRL-DIV)
Defendant's Answer (SCCA400.05SRL-DIV)
Financial Declaration (SCCA430)
Proposed Parenting Plan (SCCA 466)
Motion with Affidavit to Proceed In Forma Pauperis (SCCA405F)
Affidavit of Service by Mailing (SCCA400.04SRL-DIV)
Affidavit of Service by Mailing (Answer) (SCCA400.06SRL-DIV)
Affidavit of Default for Divorce (SCCA400.07SRL-DIV)
Request for Hearing (SCCA400.08SRL-DIV)
Acceptance of Service (SCCA400.03SRL-DIV)
Judgment in a Family Court Case - Form 4F (SCRCP)
Final Order of Divorce (SCCA400.10SRL-DIV)
Some papers don't necessarily apply to each divorcing couple's case. For instance, the respondent can sign the Acceptance form instead of receiving copies of documents by mail. Therefore, the Affidavit of Service by Mail and the Answer won't be required.
Custody Basics
The parents of minor children need to address the child-related issues during their divorce proceedings if they want to get a divorce. One way to do it is to file a parenting plan with living arrangements, visitation schedule, and custody details.
South Carolina family law provides the following types of custody arrangements:
Joint (shared) physical custody. A child lives in each parent’s house for more or less an equal time.
Sole physical custody. The child lives with the parent who has primary custody rights.
Joint (shared) legal custody. Each parent has equal rights to make decisions about the child’s upbringing and well-being.
Sole legal custody. Only the parent with primary custodial rights can decide how to raise their children.
If the spouses can’t agree on parenting responsibilities, the judge will decide custody issues in court. The factors they will consider are:
the child’s needs, health, and age
the child’s and parent’s wishes
each parent’s willingness to allow frequent contact between their ex-spouse and the child
each parent’s physical and mental health
the proximity between the parents’ houses
the stability of the residence (current and proposed), etc.
Uncontested Divorce
Getting an uncontested (amicable) divorce means that both parties agree on such issues as property division, child custody, alimony, etc.
All the agreed terms are placed into the settlement agreement and reviewed by the judge during the hearing. This mutual agreement should meet the following requirements:
property is divided equitably (the principle is called "equitable apportionment")
child custody and support must comply with the best interests of the minor children
The judge usually listens to each spouse and asks them questions. Then, the spouses receive the final decree at the end of an uncontested hearing.
An uncontested divorce doesn’t usually require lawyers’ involvement. Nowadays, spouses prefer to represent themselves independently without paying substantial legal fees. But the one issue they face is divorce paperwork. Luckily, it can be simplified by using Divorce.com - an affordable service to prepare court papers online.
Support Basics
Both parents must support their minor children financially until they turn 18 (19 in some cases) and finish high school. The amount of money a child must receive is determined using the child support guidelines.
These guidelines are based on the Income Shares Model, where each parent’s share of child support depends on the joint and individual gross income ratio. The calculated sum includes basic expenses for food, transportation, education, etc.
If the judge believes the child support amount is unjust, they may deviate from the set guidelines. Usually, the judges consider the following factors:
how the property is divided
are there more than six children
child support from other marriages
the significant difference between the income of the parents
extraordinary medical expenses, etc.
